Project 18 - Commercial arbitration and commercial causes

At the Law Society of Western Australia’s Summer School in 1969, Mr HE Zelling QC drew attention to aspects of the existing arbitration system that he regarded as unsatisfactory. From the discussion that followed, it was apparent that many members of the legal and business communities shared Mr Zelling’s views. The matter was subsequently referred to the Committee for consideration.

Terms of Reference

In November 1969, the Committee was given a reference to consider the law relating to the settlement of disputes by commercial arbitration with a view to preparing a revised Arbitration Act.

The Commission found that it was not necessary to investigate Part B of the reference, which required an examination of the relevant Supreme Court Procedures, because the Rules of the Supreme Court 1971 (WA) were subsequently changed to expedite the trial of actions.

Outcomes

After a minor amendment to the Commission’s draft Bill, the recommendations were passed into law by the Commercial Arbitration Act 1985 (WA).